Your Assignment Four:

You have been hired to provide specific advice to a company based in the United States (for the first two) who wants help learning about the law (topics related to this module in class) with respect to its three subsidiary companies. Your job is to advise them on the legalities, with specific details, Constitutional Amendments that are relevant, statutes, case law and any other legally related relevant concerns that need to be discussed, and considered. The company wishes to be as aggressive as possible, so they are not looking for any generic advice, such as "always avoid the search", but rather, they wish to push right up against the line of what is allowed, without crossing it. (Note that the third company is NOT a US company-- they also wish to push up against any relevant law, however, they are not US based).

For each subsidiary company based in the United States (the first two below), you will need a separate paragraph and a complete discussion of all of the issues involved, all of the legal concerns, including a Constitutional analysis (where applicable), federal and state law(s) that are applicable and how they apply, and any case law that is relevant that needs to be discussed. Broad, generic, conclusory statements without legal citation or support will not earn points. You need to support your statements/conclusions with a legal analysis, discussion, and then conclude, all with appropriate citation to the various laws, Constitutional provisions, etc. If there are no Constitutional concerns, specify why, and of course, provide citations to authority here and throughout. If there are potential or arguable Constitutional concerns, specify why, and of course, provide citations to authority here and throughout.

Your advice you provide them will assist them in writing comprehensive policies in this area. As such, at the end of each discussion, you also need to suggest specific policy language (the actual language you are proposing, not a general or generic overview of what you would write or suggest-- rather, the actual language you suggest, word for word, letter by letter, in quotation marks. The actual language you are proposing must be specific, all-inclusive to the issues presented and be in quotation marks).

"Subsidiary 1": This private sector company, with civilian employees, is located in Ypsilanti, Michigan, and they make computer parts for the private sector for use in Michigan. The company wants to search and actively monitor its employees computers (including the physical computer itself, and all Internet traffic), wants to place mobile device management (MDM) software on all cell phones the employees use, wants to search employee offices and lockers located inside the company premises, and wants to search employees cars that are parked in the employee parking lots. As noted above in the directions, discuss all the Constitutional concerns, statutory concerns/statutes at issue, case law from class that applies, and specific proposed policy language to follow.

"Subsidiary 2": This private sector company, with civilian employees, is located in Sandusky, Ohio and they make encrypted 2-way radio communication devices for the US Federal Law Enforcement Government agencies, as well as some related computer equipment for these governmental entities. As part of the contracts with these entities, the US government specifically directs and orders the company to do certain things, including ordering them to: physically search all employees coming into and leaving the workplace each day, searching all employees cars on a daily basis, searching all employee computers and all Internet traffic, searching all employees cell phones digital contents, as well as searching all spouses and significant others cell phones, personally owned computers, and random home searches, including the personal areas of roommates, spouses, and others living in those homes/residences. Anything that is found in the course of these searches is to be turned over to federal law enforcement for federal criminal prosecution. As noted above in the directions, discuss all the Constitutional concerns, statutory concerns/statutes at issue, case law from class that applies, and proposed policy language to follow.

"Company #3": This is a private sector company, that is NOT a subsidiary of the initial US company mentioned above. This is a separate company with no relationship to the US company mentioned above. This private company has civilian employees, is located and based in Paris, France, and is exclusively doing business in France. They do, however, collect data about people, worldwide. Along with harvesting publicly available databases, and scraping websites for data, they actively deploy hidden computer code on Internet users computers who visit innocent looking web sites engaged in other commerce, that is used to secretly collect and send them data (PII data) to add to their database. As noted above in the directions, discuss all the Constitutional concerns, statutory concerns/statutes at issue, case law from class that applies, and proposed policy language to follow